JPrivIntL Party autonomy inconsistency and the specific characteristics of family law clean.pdf (284.45 kB)
Party autonomy, inconsistency and the specific characteristics of family law in the EU
journal contribution
posted on 2023-06-09, 14:17 authored by Lara WalkerParty autonomy is becoming more prevalent in substantive family law, and therefore private international law should find a method of incorporating party autonomy into family law. This should be done in a way that takes account of the specific characteristics of family life. Currently the EU Regulations take a disjointed and incoherent approach to party autonomy in family law, and do not consider specific issues relating to the family. There is no clear explanation of why this is and it appears to be related to the fragmented development of the EU family law instruments. This inconsistency is not only apparent across the instruments but also within the instruments, suggesting that the discrepancies are not context-specific. This article argues that it is possible to have a consistent approach to party autonomy across all areas of family law while catering for family specific issues. A consistent approach will allow families to resolve their disputes within one legal system, rather than the more complicated situation which confronts some families due to the fragmentation of jurisdiction required by the current legal rules.
History
Publication status
- Published
File Version
- Accepted version
Journal
Journal of Private International LawISSN
1744-1048Publisher
Taylor & FrancisExternal DOI
Issue
2Volume
14Page range
225-261Department affiliated with
- Law Publications
Research groups affiliated with
- Sussex European Institute Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2018-07-27First Open Access (FOA) Date
2020-03-05First Compliant Deposit (FCD) Date
2018-07-27Usage metrics
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